QUESTION
Can my landlord change the date that rent is due?
Asked on Nov 26th, 2011 on Landlord and Tenant Law - Oregon
More details to this question:
My rent has been due on the 25th of the month. Now the landlord wants it on the 1st of month. This will cause me to pay 13 months of rent in a 12 month period and impact my finances greatly.
3 ANSWERS
Steven D. Dunnings
If you have a written lease, is there any provision that addresses that issue?
Answered on Jul 03rd, 2013 at 1:02 AM
Business Entity Formation Attorney serving Poughkeepsie, NY
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The lease should designate the date that rent is due. The Landlord cannot arbitrarily change the date rent is due, it must be changed in writing, and agreed to by both Tenant and Landlord. Remember a Lease is a contract and all the terms within it are binding against both the Tenant and the Landlord.
Answered on Nov 30th, 2011 at 3:28 PM
Kevin Elliott Parks
You and your landlord can agree to modify the terms of the lease, including changing the due date, but they cannot do so unilaterally, and they cannot double-charge you rent. You should be paying for a month at a time, regardless of when you actually tender payment. Thus, there should be a way to pro-rate the change so it works out for everyone, wherein you pay the same total amount overall and in the process you might actually save yourself some funds by having five or six extra days to submit payment that first month. But you should NOT pay a full rental month on the 25th and then another full rental month that next first.
Answered on Nov 30th, 2011 at 1:14 PM